A-22-957, A22-958, Greg Fleecs, Individually and as Trustee of the Greg Fleecs Revocable Trust (Appellees) v. Dale Lind, Individually and as Trustee of the Longhorn Irrevocable Trust (Intervenor/Appellee) v. Clifford W. Burnett and Vickie J. Burnett (Appellants)
Custer County, District Judge Karin L. Noakes
Attorney for Appellants: Terry K. Barber (Barber & Barber, P.C., L.L.O.)
Attorney for Appellee Fleecs: Vikki S. Stamm & Rebecca M. Riley (Stamm Romero & Associates, P.C., L.L.O)
Attorney for Appellee Lind: Matthew D. Furrow & Michael S. Borders (Borders Law Office)
Civil Action: Breach of Contract
Action Taken by Trial Court: The claims between the parties generally involve Clifford’s alleged breach of Agister’s Agreements with Fleecs and Lind and the validity of Uniform Commercial Code Financing Statements filed by Fleecs and Burnett. Following a bench trial the district court ruled against Clifford, finding that he had breached his agreements with both Fleecs and Lind by failing to properly care for their cows and failing to provide proof of losses due to death. The district court also found that Clifford’s Uniform Commercial Code claim was improperly filed because no amount of money was expected or required to be exchanged under the agreements; instead, Clifford was to receive a share of Fleecs’ cows in exchange for caring for them. In addition, the district court dismissed Clifford’s slander of title claim because he failed to provide sufficient proof, and it summarily denied his tortious interference claim.
Assignments of Error on Appeal: Clifford appeals, assigning the district court erred in (1) entering a judgment in favor of both Fleecs and Lind; (2) determining that Clifford had not established a tortious interference claim; (3) determining that Clifford had not established a slander of title claim; (4) determining that Clifford was not entitled to damages or compensation for his care and feeding of the Fleecs and Lind cattle; and (5) allowing Clifford’s trial counsel to withdraw.